Third-party Governance Of Environmental Pollution In China Legal System Research

With the rapid development of China’s social economy,the problem of environmental pollution has become increasingly prominent,the party and the state have paid more and more attention to environmental protection,the people are increasingly concerned about the ecological environment closely related to their own quality of life,and the control of environmental pollution has become the key construction direction of China’s environmental protection projects.Although the efforts made by the government,social organizations and public welfare people for environmental protection and pollution control have achieved certain results,on the whole,the situation of environmental pollution control in China is still grim,the traditional "who pollutes,who manages" pollution control model can no longer meet the new pollution control requirements,environmental pollution third-party governance as a new pollution control model came into being.Practice has proved that under the new pollution control model,the scale,specialization and industrialization of third-party pollution control enterprises can indeed effectively change the embarrassing situation of high pollution control costs and half the results of pollution control by traditional pollution discharge enterprises.However,due to the difficulty of environmental pollution control and the incomplete legal system on third-party governance of environmental pollution in China,this system still has some problems in the specific practice of third-party governance of environmental pollution in China.As a legal system,the biggest problem in third-party governance of environmental pollution is the lack of direct regulatory laws,and the scattered or even conflicting indirect regulatory laws.In practice,it is mostly provided for in fragmented and uncoordinated policy documents,and there is no direct guidance on environmental legal norms.In the absence of laws,a series of problems arise: the lack of third-party market access and exit mechanisms,resulting in a mixed third-party governance market;The government’s supervision of third-party governance is inefficient,and social supervision participation is insufficient,and the role of supervisors cannot be fully utilized;The legal liability system between third-party governance enterprises and pollutant discharging enterprises is not clear,and it is impossible to distinguish between civil and administrative liabilities when the definition of subject liability is unclear,resulting in mutual blame between entities and inability to bear responsibility in a timely manner;The incentives and relief measures for third-party governance of environmental pollution are not in place,and in the absence of financial and tax support and limited relief for environmental liability insurance,governance entities dare not upgrade their concerns,affecting the sustainable development of the third-party governance market.Based on this,in order to solve the above problems and help the system better play the role of pollution control,the following solutions are proposed on the basis of combining the actual situation of domestic development and learning from the development experience of similar pollution control models abroad.First,improve the legal normative system for third-party governance of environmental pollution.Add a legal system for third-party governance of environmental pollution to the Environmental Protection Law,clarify the concept of the system,and give third-party governance enterprises the ability to take independent responsibility;Enhance the coordination between the legal provisions of the indirect regulation system.Second,establish a third-party market access and exit system for pollution control based on the evaluation system of third-party governance enterprises,with strict evaluation criteria as market access standards and evaluation results as market exit standards.For third-party governance enterprises that want to enter key fields and industries,the government needs to review their qualifications.Third,improve the third-party governance and supervision system for environmental pollution.Strengthen the government’s environmental supervision function by including the government’s supervision of third-party governance of environmental pollution into the scope of procuratorial administrative public interest litigation,and strengthening the linkage of third-party governance and government law enforcement.At the same time,non-governmental entities of all parties in society are encouraged to participate in third-party governance and supervision of environmental pollution.Broaden the ways for the public and other non-governmental entities to participate in the system,establish an effective information communication mechanism,and attach importance to the cultivation of social environmental awareness.Fourth,clarify the legal responsibilities of third parties and polluters for environmental pollution control.On the basis of considering the main liability of the polluting enterprise as the bottom line and cooperation responsibility of the pollutant discharger,the responsibility boundary between civil liability and administrative liability is clarified.Fifth,improve the incentives and relief measures for third-party governance of environmental pollution,increase the intensity of incentive policies by increasing financial support and optimizing preferential tax policies,increase relief by improving the environmental pollution liability insurance system and expanding the scope of insurable objects,reduce the worries of third-party governance enterprises,and promote the positive development of the third-party governance market.